HYDE v. SOMERSET AIR SERVICE


1 N.J. Super. 346 (1948)

61 A.2d 645

DONALD F. HYDE AND MARY C. HYDE, HIS WIFE, COMPLAINANTS, v. SOMERSET AIR SERVICE, INC., ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided October 8, 1948.


Attorney(s) appearing for the Case

Messrs. Young, Shanley, Foehl & Fisher, (Mr. Bernard M. Shanley, of counsel), for the complainants.

Messrs. Wharton & Hall, (Mr. T. Girard Wharton and Mr. William T. Stewart, Jr., of counsel), for the defendants.


JAYNE, J.S.C.

Noise which is created by the pursuit of a lawful enterprise has no inevitable immunity from judicial suppression. It may have the characteristics which constitute an actionable nuisance. It must, however, be of that quality which affects injuriously and to an unreasonable degree the health or comfort of persons of ordinary sensibilities in the vicinity and exceeds the bounds of reasonable adjustment to the conditions of the locality. Thus, although...

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